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Is it Logical or Likely That a JDB Has Bill of Sale....


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Just noticed that the Bill of Sale says account was purchased on a certain date - let's use August 1, 2008 - amongst many many other accounts - allegedly.

What is the likelihood that on the very next day, August 2, 2008, a letter went out to the debtor from a third party CA collecting for that debt?

Is it plausible that the process would move that quickly?

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Is it plausible that the process would move that quickly?

Of course it is when you write your own documents and bill of sales. I just bought the White House. You don't believe me? Give me your address and I will have the bill of sale and all legal documents overnighted to you.

Your scenerio is the perfect reason you challenge and demand the witness be there to cross examine. Great example of how one can't defend themselves against hearsay of such vitally important information.

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Of course it is when you write your own documents and bill of sales. I just bought the White House. You don't believe me? Give me your address and I will have the bill of sale and all legal documents overnighted to you.

Your scenerio is the perfect reason you challenge and demand the witness be there to cross examine. Great example of how one can't defend themselves against hearsay of such vitally important information.

I thought it sounded totally unreasonable, but I'm a real neophyte and hate to jump to conclusions with little experience. I have found so many holes by reading through all the crap documents they sent. Almost can't wait to get to court.

It takes some time to do this and I'm glad I didn't get an attorney. I cannot see most attorneys doing all the grunt reading and analysis required to find everything. I know it's possible to throw up maybe a couple things and win, but I want to raise as many issues as possible.

Nothing beats this forum. Muchas gracias.

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If you put the time and effort into it, yes, you can beat them w/o an atty. Also you can catch them in so many lies. If you can resist, it is hard believe me, and keep your mouth shut as the lies mount up, you can have a field day in court when you unleash it all on them at once.

I had a JDB say, in writing and in different legal pleadings, over seven months, they contacted me:

- Due to an address notification change from the post office

- Because I asked the too

- Because I entered into an agreement to pay (on a debt past the statute of limitations)

- And because I did not restrict them.

- And they turned me over to an atty because I did not meet my agrement on the SOL debt to make the first payment in 30 days.

Problem was-

They admitted in a request for admission getting a no contact letter part of a C&D

There letter the atty sent me was 20 days after I made the phantom agreement with the JDB. So why was I getting turned over to an atty in 20 days when I just made an agreement and the time to pay still had 10 days.

And what the hell does me changing my address at the post office have to do with them being under a limited C&D.

So as you can see it was a blast at that hearing. The best was the agreement I did on a SOL debt. I said, Your Honor, this will sound cocky, but you have seen my pleadings. Do you really think I don't know the statute of limitations and would I have out of the blue called them up to make an agreement on a SOL debt? Also even if you believe their lies, can you ask them why I was turned over to an atty to be sued in 20 days when their own argument, in writing and under oath, says I still had 10 days to make the agreement. And part of their agreement clearly states if I make payments on time with the first being in 30 days they will do nothing and not turn me over to collections or sue.

So even if you believe the lie they just told you that I asked for this b.s. agreement, why in the world was I turned over to an atty in 20 days. Oh that's right because it was a phantom agreement.

You will get those gems and in writing if you pound away on them!!! :twisted::twisted:

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Yep, I have the same kind of craziness going on.

You mentioned it's hard to shut up as the lies mount. How true. I'm burning to let them know what idiots they are. I have their lies in an affidavit already. In another thread, you talked about objecting/striking at the proper time and in proper form. If I know this now, why not motion to strike and possible avoid trial?

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A Motion to Dismiss a Complaint is a pre-pleading motion used by the defendant against the plaintiff before defendant’s service of an Answer whether in Federal Court under Rule 12 (B) of the Federal Rules of Civil Procedure or in State Court, under New York’s Civil Practice Law and Rules Sec. 3211.

The grounds for such Motion can be asserted to dismiss the Complaint are set forth in the Statute and often involve jurisdictional issues, service of process issues or legal insufficiency of the Complaint. Affidavits can be annexed as Exhibits in support of the grounds set forth. Documentary evidence can be used in support of such a Motion as, for example, a Release signed by the plaintiff in the past releasing defendant from the claims now asserted in the Complaint. The Motion papers consist of Notice of Motion and supporting papers including Affidavits with exhibits, if any. A copy of the Complaint must be annexed.

Attorney’s affidavit is essentially a summary of the dismissal grounds since the attorney does not usually have personal knowledge of the events or transactions between the parties giving rise to the dispute. The Defendant’s detailed affidavit is based on personal knowledge.

If the Motion is denied, defendant can then serve an Answer to the Complaint. Even Denial of the Motion may have some strategic use as plaintiff may have to disclose elements of its claim not appearing in the Complaint.

Author is a NY atty with 30 yrs experience

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A Motion to Dismiss a Complaint is a pre-pleading motion used by the defendant against the plaintiff before defendant’s service of an Answer whether in Federal Court under Rule 12 (B) of the Federal Rules of Civil Procedure or in State Court, under New York’s Civil Practice Law and Rules Sec. 3211.

The grounds for such Motion can be asserted to dismiss the Complaint are set forth in the Statute and often involve jurisdictional issues, service of process issues or legal insufficiency of the Complaint. Affidavits can be annexed as Exhibits in support of the grounds set forth. Documentary evidence can be used in support of such a Motion as, for example, a Release signed by the plaintiff in the past releasing defendant from the claims now asserted in the Complaint. The Motion papers consist of Notice of Motion and supporting papers including Affidavits with exhibits, if any. A copy of the Complaint must be annexed.

Attorney’s affidavit is essentially a summary of the dismissal grounds since the attorney does not usually have personal knowledge of the events or transactions between the parties giving rise to the dispute. The Defendant’s detailed affidavit is based on personal knowledge.

If the Motion is denied, defendant can then serve an Answer to the Complaint. Even Denial of the Motion may have some strategic use as plaintiff may have to disclose elements of its claim not appearing in the Complaint.

Author is a NY atty with 30 yrs experience

I'm a little lost by this reply legaleagle. Why do you mention Motion to Dismiss?

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I'm a little lost by this reply legaleagle. Why do you mention Motion to Dismiss?

You didn't make it clear where you are in this case. If you haven't answered the complaint yet, you can file to have the case dismissed according to the article I posted. You'd need a valid reason. Lack of standing to sue, perhaps, as it appears that they have not offered any proof of ownership of the account. Kinda like me suing Coltfan for BV80's debt. Bad idea. I think I'd pass on that puppy.

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